A/66/44 penalty to isolation. The Committee is particularly concerned by reports that death row prisoners are detained in isolation, kept handcuffed and shackled throughout their detention and denied adequate food. Such conditions of detention were described by the Special Rapporteur as constituting additional punishments which can only be qualified as torture as defined in article 1 of the Convention (arts. 11 and 16). The Committee recommends that the State party abolish the special isolation regime and ensure that all prisoners are treated humanely and in accordance with the Standard Minimum Rules for the Treatment of Prisoners (approved by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977) and the Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment. The State party should continue improving conditions of detention in all detention facilities to bring them in line with international standards. The State party should ensure that prison guards and other officials abide by the law and adhere strictly to rules and regulations. The State General Prosecutor’s Office, the National Human Rights Commission and other authorized independent bodies should be allowed to carry out regular and unannounced visits to places of detention. Redress and compensation (17) The Committee is concerned that there is no effective and adequate means for victims of torture and ill-treatment to obtain justice, compensation and rehabilitation. The Committee is also concerned that provisions for compensation in Mongolian law do not specify torture as a basis for compensation. This was also noted by the Special Rapporteur on the question of torture after his visit to Mongolia (art. 14). The State party should ensure that victims of torture can obtain redress and have an enforceable right to fair and adequate compensation, and should enact comprehensive legislation which includes torture and ill-treatment as a basis for compensation and reparation. Statements made under torture (18) The Committee is seriously concerned that statements and confessions obtained under torture and ill-treatment continue to be used in courts in Mongolia, which is also referred to by the Special Rapporteur on the question of torture. He stated that the criminal justice system relies heavily on obtaining confessions for instituting prosecutions and that this “makes the risk of torture and ill-treatment very real” (E/CN.4/2006/6/Add.4, para. 36). In this respect, the Committee is also concerned at reports that persons arrested in connection with the 1 July 2008 events were interrogated under torture, and that confessions signed under such circumstances were later used as evidence in court (art. 15). The State party should ensure that no statement which is established to have been made as a result of torture shall be invoked as evidence in any proceedings. The State party should introduce systematic video and audio monitoring and recording of all interrogations, in all places where torture and ill-treatment are likely to occur, and provide the necessary financial, material and human resources to that end. The State party should ensure that any statement or confessions made by persons in custody ascertained to have been made as a result of torture or ill-treatment should not be admissible as evidence against the person who made the confession. Such statements and confessions should be invoked only as evidence in proceedings against the person accused of torture or ill-treatment. Prisoners on death row and the death penalty (19) The Committee is concerned that information on the death penalty is classified as a State secret and that not even the families of executed persons are informed about the date GE.11-45568 59

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